No release for teen accused in double homicide

On Tuesday, the defense attorney for the teen accused of shooting and killing his two cousins in 2013, once again tried — and failed — to get his client released while he awaits a Supreme Court decision in his case before he can go to trial.

This is the third time that Steven Taylor, an attorney with the Capital Crimes Unit in Albuquerque, has tried to find an appropriate family placement for Filemon Varela, who was just 16 when the shooting occurred.

Varela, now 20, has been in custody since shortly after the Aug. 30, 2013, shooting deaths of his two cousins Eric “Lil Eric” Vega, 19, and Jose “Chuggy” Varela Jr., 17.

On Tuesday, Taylor requested that District Court Judge J.C. Robinson release Varela to his grandmother, Yolanda Alvarez, who lives in Hemet, Calif. Chief Deputy District Attorney George Zsoka and Tim Aldrich, who are prosecuting the case for the state, objected.

Zsoka said Alvarez served time on probation for fraud and the father of children who live with Alvarez is currently in jail in Riverside County, Calif., and scheduled to be released in April.

Judge Robinson asked if the man had prior offenses and Zsoka said he did.

“He has past drug offenses, and a weapon offense, including being a felon in possession of a firearm,” he said.

“I’m not going to deal with this lightly,” Judge Robinson said. “This is a serious situation.”

Taylor asked Alvarez to come forward and address the court.

Alvarez told the court that she is raising her other two grandchildren, ages 15 and 16, and their father — her son — is in jail. She said the children’s mother also lives with her. She first told the court she was a long haul truck driver and worked in 40 states but when Judge Robinson questioned how she cared for the children when she was on the road, she said she took them with her in the summer when they are not in school. She then told the court that she was not working as a truck driver, but working in a warehouse. But when questioned by Zsoka, she said she was on Social Security Disability and waiting for her case to be resolved.

Taylor has been trying to find a suitable family placement for Varela to allow him to be released while he awaits a ruling from the Supreme Court on the admissibility of statements he made to police and probation officers shortly after the shooting. The defense sought to have those statements suppressed and Judge Robinson previously granted that motion. The state appealed, and because the case is a capital one — Varela has been charged with two counts of first-degree murder as a serious youthful offender — meaning a teenager age 15, 16, or 17 charged with first-degree murder — the case went to the Supreme Court instead of the Court of Appeals.

The state filed its notice of appeal on Dec. 29, 2014. The case came before the Supreme Court on Feb. 2, 2015, according to a docket summary provided by the court. The Supreme Court heard oral arguments on March 16, 2016 — nearly a year ago — and has not yet issued an opinion, according to NM Administrative Office of the Courts Communications Officer Barry Massey. The Supreme Court is not bound by time restrictions, like other courts.

In November 2016, Taylor requested that Varela be released on house arrest to live locally with his mother or his aunt. Judge Robinson denied that motion. Last month, Taylor requested that Varela be released to his aunt and uncle in El Paso but Zsoka objected, saying the couple were not suitable custodians as they both had misdemeanor charges in Arizona for possession of drug paraphernalia and failure to pay fines and failure to appear in court.

Taylor said he doesn’t have access to the NCIC (National Crime Information Center) database, as only law enforcement has that, like the District Attorney’s Office. He said hopes to come back before the court and request that Varela be released to his uncle, a military police officer, in Yuma, Ariz.

“If that doesn’t work out, we will look at appealing the no bond hold,” he said.

That appeal, however, would also go to the Supreme Court, as it is a capital crime case, and with the other Supreme Court ruling still not handed down, the wait for an appeal could be another long one. The wait is frustrating for the defense, Taylor expressed.

“This is the kind of case in which we want to go to trial,” Taylor said. “If only Filemon Varela were to have a trial, it’s possible a jury would find him not guilty by self defense.”